Posted: May 18th, 2017

Bert was driving home after a long day of work. As he was exiting the freeway, he saw a car that had not slowed down enough for the off ramp.

Bert was driving home after a long day of work. As he was exiting the freeway, he saw a car that had not slowed down enough for the off ramp. The car had run into the freeway sound wall and the accident looked fairly serious. Certain that someone had already reported the accident, and anxious to get home, Bert did not stop and offer assistance. Unfortunately, no one reported the accident until several hours after Bert passed by and the driver died from internal bleeding before reaching the hospital. If the police learn that Bert drove by the accident, but did not intervene or call 911, can he be held criminally liable? (A) Yes. Given the seriousness of the accident, the victim was clearly in grave danger and Bert owed a duty to help the driver. (B) Yes. Because Bert may have been the last person able to call or intervene in time to prevent the driver from dying, he can be held liable for failing to do so. (C) No. Only medical professionals can be required to help the driver. (D) No. There is no general duty for a person to assist others.